Farmers Markets: Rules, Regulations and Reforms Webinar on current and future farmers market regulations Deborah Cavanaugh-Grant, U of I Extension Wes King, Illinois Stewardship Alliance Pat Stieren, IL Farmers Market Association Lindsay Record, Illinois Stewardship Alliance 1
Welcome This Webinar provides an update about Public Act 098-066 which requires smarter streamlined and consistent state-wide regulations for Farmers Markets. This law is a major step forward in creating risk and scale appropriate regulations for farmers' markets that will improve consumer access to locally produced food, support farmers' markets as a whole and the farmers and entrepreneurs that call them home. 2
Agenda History & Overview of HB5657 Questions on HB5657 Illinois Farmers Market Task Force Gathering Input Implementation: Next Steps 3
HB5657: Smarter Rules for Farmers Markets Background & Need Legislative History 4 HB5657/P.A. 98-0660 Overview Consistent statewide rules & regulations Food Sampling at farmers markets Product origin transparency Cottage Food Questions
HB5657 Background & History Need for regulatory system to support and allow for growth Current regulatory patchwork quilt Regulatory inconsistency Consistent source of complaints Bipartisan Sponsored by Representative Mike Tryon and Senator David Koehler 5
HB5657 Background & History 5 year legislative history 2009 Senator Koehler Introduces legislation Does not pass 2010 House Joint Resolution 57 Adopted 2011 Senate Bill 1852 Passes and is singed into law 2014 House Bill 5657 Passes and is signed into law on June 23 Public Act 98-0660 6
Overview Four Key Parts: Consistent statewide rules & regulations Food Sampling at farmers markets Product origin transparency Cottage Food 7
Consistent statewide rules & regulations Clarifies the farmers market task force s authority to write consistent statewide rules and regulations for food sanitation at farmers markets Prevents local health departments from adopting more stringent rules or regulations than set by the state Creates a timeline for the task force to develop recommendations for consistent statewide rules and regulations December 15, 2015 deadline Does not address fees for permits or licenses 8
Food Sampling Food Sampling is important, USDA funded study found a significant & immediate impact on sales at farmers markets Authorizes and instructs IDPH and the task force to develop a new food sampling certificate program for farmers markets Preliminary/draft components of the program: Statewide and consistent regulations and best practices Exemption from local handling permits for food sampling Must take a food handlers training course and sampling best practices training/webinar Each person sampling must have the certificate Certificate allows sampling at any and all farmers markets in Illinois for 36 months Approximate cost for certificate = around $50 9
Product Origin Transparency Re-sellers and lack of transparency of product origin is a perennial issue for farmers and market managers Federal Food Safety Modernization Act contains similar requirements, once implemented New law requires all vendors selling specialty crops and raw agricultural commodities to include a sign, packing slip or label at the point of sale stating the physical address where the product or products were grown Collaboration is ok, just be transparent, where does it come from, wear it proudly Re-sellers can still operate they just have to state where the products were purchased 10
Product Origin Transparency Not including such a sign, label, or packing slip risks product being declared misbranded Public health community doesn t currently plan to actively enforce this provision or have the resources to do so However egregious violations could still face legal action through the courts for selling misbranded products Gives market managers legal backing to require product origin transparency FSMA contains almost identical language and once implemented will include enforcement resources Opportunity to prepare for FSMA 11
Cottage Food Operations Does not address types of products allowed by a cottage food operations Does not address places cottage food operations can sell Caps registration fees for cottage food operations at $25/year Changes the definition to allow residential and commercial style kitchens in out buildings on the same property as the primary residence to be used for cottage food production 12
13 Questions?
Farmer Market Task Force History of Legislation The Illinois Farmers Market Task Force was created by Public Act 97-0394 (SB 1852) and was signed into law by Gov. Quinn on August 16, 2011. Established the creation of the Farmers Market Task Force that works with regulating entities to create less confusing, more uniform, better streamlined, and less burdensome statewide regulations in regards to farmers markets throughout the state. Goal is to help minimize and standardize regulations governing farmers markets statewide without compromising public health. Help educate farmers, market managers, health officials, and the public about food and food safety, thus creating healthier, better informed, and more prosperous communities and successful farmers markets. 14
Task Force Membership Representatives appointed by the four leaders of the IL General Assembly ( President of the Senate, Minority Leader of the Senate, Speaker of House, and Minority Leader of the House) Five farmers appointed by the Lt. Governor s Office Four representatives of local farmers markets appointed by the IL Dept of Agriculture Representatives of the Departments of Public Health, Agriculture, Commerce and Economic Opportunity& the Lt Governor s office Representatives of local county public health departments and general public health association 15
Farmer Market Task Force Recent Work Activities First meeting held June 28, 2012. Worked with the Illinois Department of Public Health to revise its Technical Bulletin #30 Sanitation Guidelines for Farmers Markets. Food safety education was provided to the members, in order for the members to understand need for food safety regulations. Provided food safety education for market manager and vendors at the IL Farmers Market Association conference in 2013. The University of Illinois sponsored a webinar on food safety training on TIB #30 on June 17, 2013. Conducted outreach activities at various agency conferences to promote the Farmers Market Task Force and its mission 16
Farmer Market Task Force continued Developed the Illinois Farmers Market Food Safety guide for vendors, market managers and consumers. Provided food safety education to local health departments on Farmers Markets at the Food Safety Symposium. The session addressed the increased number of markets that are expanding in food and other areas beyond the early days of only fresh produce. Identified training opportunities on the food safety guide for 2014 Farmers Market Workshops Assisted Illinois Stewardship Alliance in providing input and support for HB 5657. 17
Farmer Market Task Force Current Review of food safety regulations Products Sold at Farmers Market (Wild mushrooms, poultry, wild game, exotic meats, eggs, fish, aquaponics,) Hand Washing Stations Refrigeration and temperature requirements State Sampling Permit Fees and Other permits Definitions (as needed) 18
19 Questions & Comments?
Implementation: Next Steps Farmers Market Task Force, December 15 deadline for recommendations to IDPH IDPH Review & Approval Illinois rulemaking process 1 st Notice at least 45 days, possible public hearing, public can and should submit comments and recommendations to IDPH 2 nd Notice JCAR Review Process, public comment to JCAR JCAR takes action changes are made, rules are approved or rejected The rule making process is an important tool the public can use to influence the final outcome For more detailed information about the JCAR process visit the following: http://www.ilga.gov/commission/jcar/ilrulemakingprocess.pdf 20
Thank You! This Webinar is sponsored by the Illinois Stewardship Alliance, Illinois Farmers Market Association and the University of Illinois Extension. We hope this Webinar provides you with new information and answered some of your questions about this law. Please send your questions and comments to the Illinois Stewardship Alliance at 217-528-1563 or email isa@ilstewards.org 21